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..~_..." <br />NOV No. C-84-067 <br />This violation was an administrative violation issued for failure to submit a <br />required redesign of the sediment control system in a timely manner. StafF <br />proposed a civil penalty as follows: <br />History <br />Seriousness <br />Fault <br />Total <br />$ -0- <br />$ 328.00 <br />E 750.00 <br />$1,076.00 <br />The operator did not contest the facts of the administrative violation. <br />During the assessment conference, American Fuels requested reconsideration of <br />the seriousness component of the proposed penalty, observing that the duration <br />of the violation was short (less than 45 days) rather than medium <br />(45-90 days), as had been assumed by staff 1n calculating the proposed <br />penalty. Based upon this consideration, I am reducing the seriousness <br />duration of damage component, resulting in a seriousness assessment of <br />Y220.00. <br />The company further requested a consideration for good faith, based upon their <br />initiating the request for amendment for the sediment control plan, which <br />eventually resulted in the issuance of the notice of violation. The record <br />demonstrates that the Division granted two minor revisions which represented a <br />period of 77 days for preparation of the required plan amendment. While the <br />company presented reasons for this delay, which it felt might demonstrate good <br />faith on its behalf, I am not granting adSustment for good faith. I am, <br />therefore, proposing an amended civil penalty as follows: <br />History $ -0- <br />Serlousness S 220.00 <br />Fault $ 750.00 <br />Total Penalty $ 970.00 <br />/th <br />Doc. No. 2561 <br /> <br />